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RE: [council] GNSO Council drfat minutes 18 January 2007

  • To: "GNSO.SECRETARIAT@xxxxxxxxxxxxxx" <gnso.secretariat@xxxxxxxxxxxxxx>, "Council GNSO" <council@xxxxxxxxxxxxxx>
  • Subject: RE: [council] GNSO Council drfat minutes 18 January 2007
  • From: "Gomes, Chuck" <cgomes@xxxxxxxxxxxx>
  • Date: Tue, 23 Jan 2007 19:01:40 -0500
  • In-reply-to: <45B469E5.2030206@gnso.icann.org>
  • Sender: owner-council@xxxxxxxxxxxxxx
  • Thread-index: Acc9+N/DIwOzISEoTrWKQFXLMGeCFgBUFqTA
  • Thread-topic: [council] GNSO Council drfat minutes 18 January 2007

I have one more question about the minutes. Regarding the motion to approve the 
SoW for the Reserved Names WG, the minutes say, "Bruce Tonkin proposed that the 
language of the timelines could be modified after the current meeting, the 
concept being that the working group would complete its work one week prior to 
the ICANN meetings in Lisbon, that is, by 16 March 2007, but the Council may 
request some follow up work within 30 days thereafter."  Is this worded as 
intended?  My understanding was that it should say (changes in CAPS), ". . . 
but the Council may request some follow up work TO BE COMPLETED within 30 days 
AFTER THE LISBON MEETINGS."  The way the minutes currently read, the Council 
would have up to 30 days after Lisbon to request more work, and I did not 
understand that to be the intent.

Assuming I am correct on this, I revised the SoW so that I could distribute it 
to the WG before our kick-off meeting later this week.  The revised SoW with my 
changes highlighted is attached.  If my changes are not accurate, it is 
important that the WG be provided with a final, approved SoW ASAP.

Thanks,

Chuck

-----Original Message-----
From: owner-council@xxxxxxxxxxxxxx [mailto:owner-council@xxxxxxxxxxxxxx] On 
Behalf Of GNSO.SECRETARIAT@xxxxxxxxxxxxxx
Sent: Monday, January 22, 2007 2:38 AM
To: 'Council GNSO'
Subject: [council] GNSO Council drfat minutes 18 January 2007

[council[at]gnso.icann.org]

Dear Council Members,

Please find the draft minutes of the GNSO Council teleconference held on
18 January 2007.

Please let me know if you would like any changes made.

Thank you very much.

Kind regards,
Glen
...................................................................................
8 January 2007

Proposed agenda and relevant documents

List of attendees:
Philip Sheppard - Commercial & Business Users C. - absent - apologies Marilyn 
Cade - Commercial & Business Users C.
Alistair Dixon - Commercial & Business Users C Greg Ruth - ISCPC Antonio Harris 
- ISCPC - absent - apologies Tony Holmes - ISCPC - absent Thomas Keller- 
Registrars Ross Rader - Registrars Bruce Tonkin - Registrars Chuck Gomes - gTLD 
registries Edmon Chung - gTLD registries Cary Karp - gTLD registries Kristina 
Rosette - Intellectual Property Interests C Ute Decker - Intellectual Property 
Interests C Kiyoshi Tsuru - Intellectual Property Interests C - absent Robin 
Gross - NCUC.
Norbert Klein - NCUC. - absent
Mawaki Chango - NCUC
Sophia Bekele - Nominating Committee appointee - absent Jon Bing - Nominating 
Committee appointee Avri Doria - Nominating Committee appointee

15 Council Members
(21 Votes - quorum)

ICANN Staff
John Jeffrey - General Counsel
Sue Jonklaas - Regional Business Advisor, Asia-Pacific, General Counsel Denise 
Michel - Vice President, Policy Development Olof Nordling - Manager, Policy 
Development Coordination Kurt Pritz - Senior Vice President, Services Liz 
Williams - Senior Policy Counselor Maria Farrell - GNSO Policy Officer Craig 
Schwartz - Chief gTLD Registry Liaison Glen de Saint Géry - GNSO Secretariat

Rita Rodin - ICANN Board member

GNSO Council Liaisons
Suzanne Sene - GAC Liaison - absent - apologies Alan Greenberg - ALAC Liaison - 
absent

Quorum present at 19:05 UTC.

MP3 Recording

Bruce Tonkin chaired this meeting

Approval of the agenda

Item 1: Update any statements of interest No updates

Item 2: Approval of the GNSO Council minutes of 6 December 2006

Avri Doria moved the adoption of the GNSO Council minutes of 6 December 2006.

Abstentions were noted from Council members who were not yet on the Council on 
6 December 2006:
Jon Bing, Chuck Gomes, Edmon Chung.

Motion approved.

Approval of the GNSO Council minutes of 21 December 2006

Avri Doria moved the adoption of the GNSO Council minutes of 21 December 2006.
Abstentions were noted from Mawaki Chango.

Motion approved.

Decision 1: The minutes of the GNSO Council meetings on 6 December 2006 and 21 
December 2006 were adopted.

Item 3: Correspondence
Bruce Tonkin mentioned that there had been correspondence from Chris Disspain, 
the chair of the ccNSO notifying that the ccNSO and GAC were forming a joint 
working group to work on ccTLD IDNs, and requested a representative from the 
GNSO. This request has been forwarded to the GNSO's IDN Working group for 
action.

Item 4: PDP on new gTLDs work
- Proposal to form a GNSO working group to review the creation of a reserved 
words list for the top level and update the list for the second level for gTLDs
(use: http://www.icann.org/tlds/agreements/jobs/appendix-6-05may05.htm

-- Marilyn Cade and Chuck Gomes to draft terms of reference for consideration

Chuck Gomes presented the draft Statement of Work - Version 2 for the Working 
Group on Reserved Names (WG-RN)

I. Formation of the Working Group
The Working Group (WG) is chartered by the GNSO Council with an approved 
statement of work, as defined below. This Statement of Work is intended to 
guide the work of the group.

1. Voting:
In general, the working group should operate using a rough consensus approach. 
Every effort should be made to arrive at positions that most or all of the 
group members are willing to support. "Straw poll voting" 
should be used to determine whether there is rough consensus on particular 
issues. In order to ensure that each constituency does not have to provide the 
same number of members, constituencies, regardless of number of 
representatives, can hold 3 votes, and each individual nominating committee 
councilor hold one vote. Liaisons are non voting.

2. Membership
The Working Group is open for membership to Councilors and to GNSO Constituency 
members; advisory committees (e.g., ALAC, GAC) may appoint non-voting liaisons 
to the working group. Members may be added by the constituencies and the 
Advisory groups at any time during the work of the WG. The ccNSO could be 
invited to have representatives participate as observers because there may be 
implications for the treatment of the two letter country codes, which are 
presently reserved at all levels. The WG may invite external experts as 
speakers or advisors (in the role of
observer) that may be able to constructively contribute to the effort.

Every effort should be made to ensure that the working group include and 
consider the varying points of view on key issues. It is more important that 
all varying points of view are examined and reflected than for every 
constituency or group to have representation or equal numbers of members. If 
this goal is achieved and recommendations are developed that have rough 
consensus of the group, then the full Council, with balanced representation 
from all constituencies and NomCom appointees, will then have opportunity to 
act.

Members should be selected who can commit sufficient time during the next 
three-four months to facilitate achievement of the targeted accomplishments 
describe in the next section (Working Timeline).

The Council will appoint an initial or interim chair [or co-chairs] and the 
Working Group should, at its initial meeting, elect or confirm the chair and 
co-chair(s).

3. Working Timeline
The Working Group is asked to convene at the earliest possible time and to 
achieve the following targets:
1. Progress report in the upcoming intercessional working sessions of
Dec05 PDP committee and the Feb06 PDP task force, scheduled for February
22-25
2. Complete its work and deliver written recommendations for next steps to the 
GNSO Council at least one week prior to the start of the Lisbon ICANN meetings 
3. Respond to any follow-up actions requested by the Council within 30 days 
after the Lisbon meetings.

As appropriate, the Working Group should coordinate throughout with the
Dec05 PDP Committee, the Feb06 PDP Task Force and the GNSO Council.

II. Purpose of the Working Group

The purpose of the WG will be to perform an initial examination of the role and 
treatment of reserved domain names at the first and second level., with the 
goal of providing recommendations for further consideration by the TF or 
Council. This working group should focus initially on defining the role of 
reserved strings, and how to proceed with a full examination of issues and 
possible policy recommendations. This will include prioritizing sub-elements of 
the broad topic of reserved names in a manner that would facilitate breaking 
the broad topic into smaller parts that could then be divided into separate 
policy efforts of a more manageable size and that might also allow some less 
complicated issues to be resolved in a more timely manner so that some policy 
changes might be included in the introduction of new gTLDs.

The treatment of reserved names is a matter of contract for existing gTLDs and 
will be a matter of contract for future gTLDs. As such it relates to the work 
of both the Dec05 PDP regarding the Introduction of New gTLDs including IDNs 
and the Feb06 PDP regarding Contractual Conditions for Existing Registries, 
Therefore the WG needs to provide an initial examination of reserved names at 
both the top and second level for both existing and new gTLDs. Should it be 
determined that the ToR for Feb 06 does not allow for addressing contractual 
conditions, the WG report to the Council regarding relevant recommendations.

III. Working Group Responsibilities, Tasks and Proposed Working Approach

A. To perform its initial examination of the role and treatment of reserved 
domain names at the first (top) level, WG responsibilities and tasks should 
include but need not be limited to the following:
1. Review the present treatment and process for reservation of names at all 
levels (using Appendix 6 in the latest gTLD Registry Agreements as examples), 
including reviewing treatment of reserved names that may differ in existing 
contracts - link provided in Background Section 2. Review any other discussions 
to date that have occurred related to reserved names for top level strings for 
new gTLDs including IDN gTLDs (e.g., the GNSO's Task Force on new gTLDs; 
constituency comments, etc.) 3. Review any ICANN staff reports related to 
reserved names - see Background Section 4. Review any relevant technical 
documents ,e.g., relevant RFCs -see Background Section and determine what 
technical outreach (IETF, IAB,
SSAC,etc.) is needed and complete.
5. Liaise with the ICANN staff as needed, including legal and operational, to 
identify and review any existing work or relevant experiences related to 
reserved names processes and procedures 6. Liaise with the ccNSO and the ccTLD 
community in general as needed regarding the two letter names issues, including 
whether the present approach, as outlined in Appendix 6, is sufficient or 
necessary

B. Proposed Working Approach for Working Group:

1. Initially, examine the sub-elements of the broad topic of reserved names to 
consider breaking the broad topic into smaller parts 2. Estimate the complexity 
of issues associated with each of the sub-elements and briefly describe the 
elements of complexity (e.g., more controversial issues involving multiple 
stakeholder groups with competing views might be rated more complex; 
consultation with the GAC might be rated as more complex; etc.) 3. Prioritize 
the sub-elements according to these two factors:
a. Estimated level of complexity (less complex to higher) b. 
Importance/relevance to complete any future policy work prior to the 
introduction of new gTLDs c. Other {to be developed} 4. Identify any 
sub-elements for which any needed policy work may be able to be completed in 
time for the introduction of new gTLDs and develop recommendations about how 
that might best be accomplished/launch development of recommendations 5. 
Identify the remaining sub elements and establish a working plan to address 
these, including considering parallel work tracks, if feasible and resources 
permit, versus sequential work.
6. Prepare and submit an interim report to the relevant PDP group and/or the 
Council so that any additional policy work needed could be started as soon as 
possible referencing the Time Line provided by the Council 7. Prepare and 
submit a final report regarding all of the above for both PDP groups and the 
Council upon conclusion of work..

Regular progress reports should be provided for both PDP groups and the Council 
corresponding to scheduled meetings of those groups and the Council.

IV. Example of Topics for Reserved Names

This section provides an example of a work plan outline for the work of the 
Working Group. It is provided as an initial resource for potential use by the 
Working Group and to attempt to help to launch the Working Group quickly, due 
to the pressures of time limitations. It is not intended to be comprehensive 
nor prescriptive. It should be assumed that the work will need to ask the 
question of how reserved names apply to IDNs at both second and first levels, 
as well as Latin character gTLDs.

1. Identify possible roles and purposes for reserved names at the top level and 
review and examine those roles and purposes, including how to address the role 
of reserved names in IDNs 2. Identify and develop proposals to address any 
policy issues that should be or are under consideration by the existing GNSO 
PDPs regarding policy considerations related to the role, use, reservation, and 
release and allocation of reserved names at the top and second level 3. 
Determine:
a. The various roles that reserved names may play in new gTLDs in addressing 
controversial categories of names, including whether trademark names and 
country/geopolitical names should have initial or permanent reserved status; 
etc.
b. Whether existing reserved names at the second level should automatically be 
included at the first level or c. Whether there is different treatment proposed 
for existing reserved names at the second level, in the first level d. Whether 
reserved name requirements need to be the same for all gTLDs and, if not, which 
ones might vary e. Whether there should be a procedure by which staff publishes 
new categories of reserved names before adding them to registry agreements 4. 
Discuss and review processes by which names could be put into reserved status 
at the top level 5. Discuss and propose processes by which names can be 
unreserved at the top level and made available for allocation, including 
discussion of whether there are unique treatments in allocation for names that 
are reserved 6. Discuss whether and how categories of names can be unreserved 
and allocated at the second level from the existing categories, including 
second level reservations in single character[1] and two character labels, and 
reservations for geographic and geopolitical names, to include examination of 
any existing technical concerns 7. Reconfirm whether there should be a process 
by which new names or categories are added to the reserved status in the second 
level (e.g., should we assume that all new strings allocated for operation as 
registries are reserved at the second level when they are awarded?)

Background Materials and Relevant Initiatives to take into account:

Background:

1) Existing Registry Agreements Reserved Names (Annex 6 and other
examples) http://www.icann.org/registries/agreements.htm

2) Relevant RFCs which discuss reserved names 
http://www.rfc-editor.org/rfc/rfc2606.txt
http://www.ietf.org/rfc./rfc2141.txt
http://www.rfc-editor.org/rfc/rfc3491.txt

3) Status report on single letter names - to be provided

Relevant Initiatives:
(1) PDP 05: developing policy recommendations on new gTLDs, as part of a policy 
development process called PDP-Dec05.
http://www.gnso.icann.org/issues/new-gtlds/

(2) PDP 06
http://gnso.icann.org/issues/gtld-policies/

(3) IDN Working Group
http://www.gnso.icann.org/issues/idn-tlds/issues-report-02aug06.htm


Attachment 1:

Additional considerations:

For a policy issue to warrant a policy development process it must Meet the 
following criteria:

(A) Is within the scope of ICANN's mission statement;

(B) is broadly applicable to multiple situations or organizations;

(C) is likely to have lasting value or applicability, albeit with the need for 
occasional updates;

(D) Will establish a guide or framework for future decision-making; or

(E) Implicates or affects an existing ICANN policy.

Bruce Tonkin commented that the use of a working group could lead to a faster 
policy development process, in that it was a short term approach to identify 
agreement on certain issues, which could help the Council decide whether or not 
a PDP process was likely to be successful. The statement of work could be 
looked upon as an initial issues report.
In the context of new gTLDs it is what happens at both the top level and the 
second level of new gTLDs.
In the evolution of gTLDs there were originally very few reserved words at the 
second level of .com/.net/.org, but since then the list for new gTLD operators 
has grown, and it would be appropriate for the community to discuss the topic, 
rather than leave it to the discretion of the staff as in previous gTLD 
selections

Bruce Tonkin proposed that the language of the timelines could be modified 
after the current meeting, the concept being that the working group would 
complete its work one week prior to the ICANN meetings in Lisbon, that is, by 
16 March 2007, but the Council may request some follow up work within 30 days 
thereafter.

Alistair Dixon, seconded by Chuck Gomes proposed approving the statement of 
work for the Working Group on Reserved Names.

The motion passed by vote of acclamation.

Ross Rader voted against the motion with the following explanation on
record:

"For the record, I am not opposed to having a conversation about this topic in 
order to discover areas of common interest in the community. 
However, I am not sufficiently convinced that this issue warrants a high enough 
priority to pursue it at this time."

Decision 2: The GNSO Council approved the Draft Statement of Work - Version 2 
for the Working Group on Reserved Names (WG-RN)

- Proposal to form a GNSO working group to review the sunrise processes used by 
recent gTLDs and ccTLDs (e.g .eu) and determine whether a standardised process 
that is scalable for many new gTLDs is feasible

-- Kristina Rosette and Ute Decker to draft terms of reference for 
consideration http://gnso.icann.org/mailing-lists/archives/council/msg03135.html

Bruce Tonkin commented that the current new gTLD report had no recommendation 
that a sunrise period was needed, but during committee discussions questions 
arose about what mechanisms there would be to protect trade mark holders during 
the start-up stages of new TLDs.

Kristina Rosette introduced the draft Statement of Work for Sunrise Working 
Group

Proposed Purpose: Analyze processes used to allow owners of trademark and 
analogous intellectual property rights to register, before the Landrush or 
general public registration period, domain names corresponding to such rights 
("Sunrise processes"), identify commonalities among such Sunrise processes, 
assess the feasibility of developing and implementing a Sunrise process that is 
scalable for new gTLDs, and identify and evaluate alternative processes.

Suggested Outline of Working Group Work Plan

I. Analyze Existing Sunrise Processes
A. Identify Relevant TLDs
B. Describe Sunrise Processes
1. Eligibility
2. Rights bases or requirements
3. Submission process and costs of submission 4. Review of applications 5. 
Challenge mechanism and cost of mechanism C. Issues Arising out of or Related 
to Sunrise Process 1. Eligibility 2. Rights bases or requirements 3. Review of 
applications 4. Allocation D. Analyze Quantitative Success 1. Number of Sunrise 
registrations, number of Sunrise registrations vs. 
overall number of registrations; proportion of registrations that are purely 
defensive 2. Number of Sunrise challenges overall and in relation to number of 
registrations;

challenger success rate
E. Analyze Qualitative Success
1. Nature of use of names registered during sunrise 2. Whether Sunrise process 
protects IP rights in a cost-effective manner F. Impact on registries and 
registrars 1. Resource allocation
a) Development of Sunrise process
b) Implementation of Sunrise process
2. Revenue generation
3. Other considerations
II. Identify Commonalities Among Sunrise Processes A. Eligibility Commonalities 
B. Procedural Commonalities 1. Submission 2. Review 3. Challenge C. User 
Satisfaction III. Developing and Implementing Scalable Sunrise Process A. 
Feasibility 1. Likely to be certain conclusions derived from I and II above -- 
sunrise registration user satisfaction; impact on registrars, registries, and 
other affected parties; IP owner concerns B. Content C. Implementation 
Considerations IV. Identify and Evaluate Alternative Mechanisms A. Alternatives 
B. Evaluation

Suggested Working Group Membership*

1. U.S. owner of globally famous brand
2. Non-U.S. owner of globally famous brand 3. INTA Internet Committee member or 
Sunrise dispute panelist 4. Non-profit educational or charitable organization 
representative 5. Registrar that participated in Sunrise process 6. Registrar 
that participated in alternate mechanism 7. Registry with Sunrise process 8. 
Registry with alternative mechanism 9. Representative from EURid or PWC, EURid 
validation agent 10. Commercial financial institution representative 11. IPC 
designee 12. NCUC designee 13. ISP designee 14. BC designee

* Suggested Working Group Membership is "floor", not "ceiling"

Avri Doria asked, given that in the establishment of new gTLDs there was a 
known set of rights, that extended into IDNs which presumption pertained to all 
new gTLDs that needed to be protected, was it the working group's intention to 
explore the notion of rights and whether there were counter rights to that that 
would affect the mechanisms that would be acceptable.

Kristina Rosette responded not in the broad sense that intellectual property 
rights would be protected, because all of the new gTLD applications had had a 
mechanism for protecting prior rights and the Intellectual Property 
Constituency had not pushed for a sunrise period. 
But the working group would examine who would be eligible for the sunrise 
period.

Chuck Gomes commented that it was important for the Statement of work to 
identify problems and in that light, evaluate and analyse their qualitative and 
quantitative success as well as any alternatives that might be proposed in the 
future.

Bruce Tonkin summarised, the group should consider the role of the sunrise 
process and the problems that the sunrise process sought to solve.
The term 'sunrise' should be elaborated, for example WIPO referred to 
preventive Intellectual Property protection mechanisms.

Rita Rodin commented that in the applications for new gTLDs there was a 
requirement that applicants provide a mechanisms to provide protection for 
Intellectual Property rights.
John Jeffrey confirmed the statement was correct Any new TLDs will have to deal 
with protecting Intellectual Property rights and there were mechanism in place 
to protect such rights.
Chuck Gomes commented that there had been in the previous rounds, but it did 
not necessarily mean that the requirement was going forward.

John Jeffrey considered it a good discussion because such issues should be 
pointed out to the community as issues that have been included and could 
continue to be included in future rounds. It would be natural to include those 
provisions and to require that all appropriate laws were followed.
There are likely to be intellectual property laws relating to these areas that 
might require some specific views or concerns relating to these registrations.

Bruce Tonkin asked John Jeffrey to restate the wording of the request in the 
RFP.
John Jeffrey proposed sending the specific provisions to the council as well as 
references requiring compliance with the laws of the contractual agreement.

Bruce Tonkin wanted to confirm one of the mechanisms in place in ICANN. 
Taking the .com example, the mechanism that provided some protection or 
mechanisms to assist in protection was that the registration agreement for a 
dot com name, required the registrant to agree to comply to the outcome of a 
UDRP. It was thus a contractual obligation of the registrant to submit to that 
process.

John Jeffrey commented that also in the newer agreements, such mechanisms 
existed that required compliance relating to the intellectual property laws.

Bruce Tonkin cautioned against the side effects of some of the previous 
processes.
The general language John Jeffrey used was preferable, looking at mechanisms 
for protecting Intellectual Property rights, rather than presupposing a 
start-up phase where some had priority rights over others.

Ute Decker clarified that the working group attempted to find solutions to 
alleviate the problem that faced Intellectual Property holders with the launch 
of new gTLDs.
Two separate solutions could be envisaged:
- the UDRP which could address problems that have fallen through the net,
- a broad brush solution at the beginning of the process was necessary that 
would obviate a large number of applications having to resort to UDRPs at a 
later stage.

Avri Doria commented that the rights of all should be considered, not only 
those of Intellectual property holders, but those excluded because they had no 
such rights.

Jon Bing commented that there were other types of protected strings, not only 
proper names but the examples of dot com domains which corresponded to names of 
public agencies in non-English language jurisdictions, such as the 'Ministry of 
Justice' in Norwegian was used as a domain name which could be misleading. The 
relation between preventing the dispute and resolving a dispute should be 
considered.

Mawaki Chango insisted on the point raised by Avri Doria as to what was exactly 
the problem intended to be addressed by the sunrise process. In other words, it 
was important not to carry on with the apparent assumption that it was just 
about protecting trademarks and intellectual property, if it was not so as Jon 
Bing pointed out. Mawaki would thus encourage the team working on this issue to 
try to provide as a complete view as possible of the purpose of the sunrise 
period and mechanism.

Bruce Tonkin proposed that the GNSO Council meet on February 1 2007, to 
consider a revised draft of the statement of work.
Constituencies may start identifying members of the working group in parallel 
with the revision of the draft statement of work.
Bruce Tonkin commented that the outcome of the working group was not on the 
critical path for the work of the new gTLDs.
The working group should focus on concluding its work and providing a report 
for the GNSO Council meeting in April 2007.

Item 5: Update on planning for policy meeting on PDP-Dec05 and PDP-Feb06 in 
February
- GNSO Secretariat to provide an update

Bruce Tonkin confirmed that the new gTLD (PDP-Dec05) work would take place on 
the first two days of the face to face meetings, Thursday 22 and Friday 23 and 
the PDP-Feb06 work on Saturday 24 and Sunday 25 February.

The secretariat reported that some constituencies were considering sending 
different representatives for the two working sessions and splitting the 
funding. There would be room for observers, but constituencies were encouraged 
to identify the observers as soon as possible.

ICANN technical staff will assist with the Remote participation.

Item 6: Update on progress in WHOIS task force

Jordyn Buchanan provided the followingupdate on the WHOIS task force:
http://gnso.icann.org/mailing-lists/archives/council/msg03156.html

"- We've briefly discussed two new proposals (one from Avri/Wendy/Robin to 
eliminate Whois or remove all non-technical contact information; and one from 
Marilyn with ideas to remove port 43 access, limit bulk Whois, and further 
study the topic).
- We've had some further discussions about access to data that might be removed 
from public view by the TF. We've begun limiting the options from the five 
presented in the preliminary report.
- Public comment period just closed and we've also received several 
constituency statements. We'll be discussing these next week.
- We remain on track for completing our work on February 12 (I hope).

Marilyn Cade, who submitted the 'pragmatic steps' proposal, added that it ' 
suggested moving all access to WHOIS to web based, with security measures; 
eliminating Port 43; using stronger contracts, enforced by ICANN for bulk 
access, and having ICANN undertake, and fund a study to inform policy making, 
not just now, but on a continual and occasional basis'.


Item 7: Update on progress in PDP-Feb06

Avri Doria reported that the work on terms of reference 1 4 & 6 were 
essentially completed.
An updated draft report would be forthcoming in February.
The schedule has been organised to keep the end date for completion but include 
the two day face to face meeting in February.
Work has started on term of reference 5 and the work should be ready to discuss 
at the face to face meeting in February.
The task force was examining the data collected by registries in order to 
categorize it.
The categories were still under discussion and part of the problem was that the 
task force did not have a firm grasp of what data was collected.
For the next meeting on Tuesday 23 February the task force is considering what 
data was collected. There is outreach to the registries, the registry liaison 
and the legal staff, and outside sources with real expert knowledge on what 
data is collected by registries and how it is dealt with.
Avri Doria requested that a registry liaison or legal staff person, attend the 
PDPFeb06 task force meeting on 23 February 2007 to inform the task force on 
registry data and how it is used.
Terms of Reference 5 relate to Uses of registry data, and without full 
knowledge of the issue it would be difficult to consider whether or not a 
policy was needed.
http://gnso.icann.org/issues/gtld-policies/tor-pdp-28feb06.html

John Jeffrey committed to working with the policy team on having a staff person 
available at the next PDPFeb06 task force meeting on 23 January to review the 
various terms on traffic and registry data.

Bruce Tonkin gave a high level overview:
The Registry contract is detailed about the data that must be collected and 
stored for both registries and registrars. Additional data could be collected 
via logging the activity of registrants that connect to registrars (.e g from 
which IP address and how often they log into a domain name control panel) or 
logging incoming DNS queries at nameservers (either at the registry or at 
nameservers operated by registrars, ISPs, etc) so as to abstain information 
including IP address, the number of queries from that IP address, and the 
content of the query (e.g which domain name or resource record was the subject 
of the DNS query). This would be the Information that could be collected but it 
is not required.

Cary Karp commented that there misperceptions about whose IP address was known 
to a registry when a resolution request was submitted. There was some belief 
that the IP address of the end user was probated to the registry and the 
registry was capable of knowing individually who was asking for the resolution 
of names which was not true.
Bruce Tonkin commented that in many cases the IP address seen by the registry 
is of a DNS server within an ISP's network, that in turn is responding to a 
query from an individual's computer.
There was a need to understand how DNS resolution works.

Kurt Pritz proposed that the staff could coordinate an informational discussion 
among the registries to provide information on how the data is used and what 
data is available. Registry data is available to the registry as a consequence 
of registry operation. Examples of registry data could include information on 
domain name registrants, information in domain name records, and traffic data 
associated with providing the DNS resolution services associated with the 
registry.

Item 8: Any other business
8.1. Chair for the working group on reserved names Given the statement of work 
has been approved by the Council a chair is needed to start the work as a 
deadline has been approved.

Chuck Gomes proposed that constituency representatives called for participants 
from the constituency and that names be provided within a week.

Bruce Tonkin, seconded by Avri Doria proposed Chuck Gomes as the interim chair 
of the working group on reserved names.

The motion passed by a vote of acclamation

Decision 3: Chuck Gomes selected as the interim chair of the working group on 
reserved names.

Bruce Tonkin formally closed the meeting and thanked everybody for 
participating.

The meeting ended: 21:00 UTC

Next GNSO Council teleconference will be on 1 February 2007 at 19:00 UTC.
see: Calendar

Summary of Work Items arising from the minutes:

1. Arising from Item 3:

Select a GNSO representative to the ccNSO and GAC joint working group to work 
on ccTLD IDNs

2. Arising from Item 5:

2.1 Kristina Rosette and Ute Decker to revise the draft terms of reference for 
the sunrise processes.

2.2 John Jeffrey to send the specific provisions in the RFP to the council as 
well as references requiring compliance with the laws of the contractual 
agreement.

2.3.Constituencies to start identifying members of the working group in 
parallel with the revision of the draft statement of work on the sunrise 
periods.

3. Arising from Item 7

3.1 John Jeffrey to work with the policy team to assign a staff person for the 
next PDPFeb06 task force meeting on 23 January to review the various terms on 
traffic and registry data.

3.2 Kurt Pritz proposed that the staff could coordinate an informational 
discussion among the registries to provide information on how the data is used 
and what data is available.

4. Arising from Item 8

Chuck Gomes to call for participants for the reserved names working group 
within the week.
--
Glen de Saint Géry
GNSO Secretariat - ICANN
gnso.secretariat[at]gnso.icann.org
http://gnso.icann.org

Attachment: Statement of Work - WG Reserved Names - Council Approved .doc
Description: Statement of Work - WG Reserved Names - Council Approved .doc



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